Case Western Reserve University School of Law Scholarly Commons Faculty Publications 1997 Rape Trauma Syndrome Paul C. Giannelli Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Evidence Commons Repository Citation Giannelli, Paul C., "Rape Trauma Syndrome" (1997). Faculty Publications. 346. https://scholarlycommons.law.case.edu/faculty_publications/346 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Forensic Science Rape Trauma Syndrome Paul Giannelli* Theuse of social science research lustration is rape trauma syndrome, in law is now commonplace, al­ the subject of this column.3 though not without controversy. The phrase "social frameworks" was Initial Research. coined to describe a new us.�of. tljis ' research.1 The term refers to the use The phrase "rape trauma syn- drome" (RTS) was coined in of social science research to provide 1974 to describe the behavioral, somatic, a context for assisting a jury in de­ and psychological reactions of rape ciding specific factual issues.2 For and attempted rape victims.4 Based examjHe, social science r�search on interviews with 146 women, re- concerningthe problems associated with eyewitnessidentifications pro­ vides background information that 3 See generally Freckelton, "When assists a jury in deciding whether the Plight Makes Right: The Forensic eyewitness's account in a particular Abuse Syndrome," 18 Crim. LJ 29 (1994); Mosteller, "Legal Doctrines case is accurate. Similarly, evidence Governingthe Admissibility of Expert of the battered woman syndrome Testimony Concerning Social Frame­ provides a context in which to view work Evidence," 52 Law & Contemp. Probs. 85, 125-128 (Autumn 1989); a self-defense claim. Yet another il- Stefan, "The Protection Racket: Rape Trauma Syndrome, Psychiatric Label­ ing, and Law," 88 Nw. U. L. Rev. 1271 (1994); Vidmar and Schuller, "Juries * Albert J. Weatherhead ill and Ri­ and Expert Evidence: Social Frame­ chard W. Weatherhead Professor of work Testimony," 52 Law & Con temp. Law, Case WesternReserve University, Probs. 133, 155-160 (Autumn 1989); Cleveland, Ohio. This column is based Comment, "Making the Woman's Ex­ in part on P. Giannelli and E. Imwink­ perience Relevant to Rape: The Admis­ elried, Scientific Evidence (2d ed. sibility of Rape Trauma Syndrome in 1993). Reprinted with permission. California," 39 UCLA L. Rev. 25 1 1 Walker and Monahan, "Social (1991); Annot., "Admissibility, at Frameworks: ANew Use of Social Sci­ Criminal Prosecution, of Expert Testi­ ence in Law,'' 73 Va.L. Rev.559 (1987). mony on Rape Trauma Syndrome," 42 ALR 4th 879 (19S5). 2 "We therefore propose a new cat­ ./' ' egory, which we term social framework; 4 Burgess and Holmstrom, "Rape to refer to the use of general conclu­ Trauma Syndrome," 131 Am. J. Psy­ sions from social science research in chiatry 981 (1974). See also Burgess, determiningfactual issues in a specific "Rape Trauma Syndrome," 1 Behav. case." Id.at 570. Sci. & L. 97 (Summer 1983). 270 FORENSIC SCIENCE searchers found that victims usually search problems includ_ed (1) unrep­ progress through a two-phase pro­ resentative samples; (2) failure to cess, an acute phase and a long-term distinguish between victims of reorganization phase. Impact reac­ rapes, attempted rapes, and moles­ tions in the acute phase involve ei­ tation; and (3) failure to account for ther an "expressed style" in which individual idiosyncratic and inci­ fear, anger, and anxiety are mani­ dent-specific reactions.6 In 1989, a fested, or a "controlled style" in psychologist concluded that "re­ which these feelings are masked by search on the rape trauma syndrome a composed or subdued behavior. is not probative on prior consent, Somatic reactions include physical prior trauma, nor the cause of the trauma, skeletalmuscle tension, gas­ complainant's current behavior."7 trointestinal irritability, and geni­ tourinary disturbance. Inaddition, a wide gamut of emotional reactions, Later Research ranging from fear, humiliation, and embarrassment to anger, revenge, "Subsequent research,· which is and self-blame are exhibited. much more rigorous, conceptualizes The second phase, the reorgani­ rape trauma in terms of specific zation phase, typically begins two to symptoms rather than more general six weeks after the attack and is a stages of recovety."8 The sy:ndrome period in which the victim attempts is now recognized as a type of post­ to reestablish her life. This period is traumatic stress disorder (PTSD), characterized by motor activity, such and such disorders are included in as changing residences, changing the most recent edition of the Ameri­ telephone numbers, or visiting fam­ can Psychiatric Association's Diag­ ily members. Nightmares and nostic and Statistical Manual of dreams are common. Rape-related Mental Disorders. 9 This approach to phobias, such as fear of being alone RTS, however, does not focus on the or fear of having people behind one, two-stage model of recovery posited and difficulties in sexual relation­ by the early researchers, but rather ships also are prominent. on specific symptoms. Critics questioned the scientific basis for RTS evidence. After sur­ veying the literature, one writer con­ cluded that "defmitional problems, 6 Id. at 1678-1680. biased research samples, and the in­ 7 Graham, "Rape Trauma Syndrome: herent complexity of the phenom­ Is It Probative Of Lack of Consent?" 13 enon vitiate all attempts to establish L. & Psych. Rev. 25, 41-42 (1989). empirically the causal relationship 8 Frazier and Borgida, "Rape Trauma implicit in the concept of a rape Syndrome: A Review of Case Law and Psychological Research," 16 Law & trauma syndrome."5 Some of the re- Hum. Behav. 293, 299 (1992). 9 A.P.A. Diagnostic and Statistical Manual of Mental Disorders 247 (3d ed. 5 Faigman, "Checking the Allure of rev. 1987) ("Post-traumatic Stress Dis­ Increased Conviction Rates: The Ad­ order"). Another disorder sometimes missibility of Expert Testimony on mentioned in these cases is "conversion Rape Trauma Syndrome in Criminal disorder." ld. at 257. See State v. Hall, Proceedings," 70 Va. L. Rev. 1657, 412 SE 2d 883, 891 (NC 1992) (discuss­ 1678 (1984). ing conversion disorder and RTS). 271 CRIMINAL LAW BULLETIN Although victims of RTS experi­ victim, not to evaluate a victim's ence a range of symptoms, only a reactions in order to establish the few symptoms have been studied fact that a rape had occurred, which consistently: fear and anxiety, de­ is how RTS evidence is sometimes pression, social maladjustment, and used at trial. There is an accepted sexual dysfunction. Recent studies body of research concerning the af­ also document symptoms identified tereffectsof rape. The critical issue, for PT SD-recurrent nightmares, however, is how the research is used irritability,· and hypervigilance.10 in court. Two researchers concluded: In our opinion, although early JExpeJr�'fes�Jimi[J)IlllY studies were plagued by numer­ Researchers have also reviewed ous methodological problems ... , expert testimony in the reported several studies have since been cases. In several instances, they conducted that are much more so­ found testimo1JY that was unsup­ phisticated methodologically .... ported by research.For example, in These studies have assessed vic­ Lessard v. State, 12 the expert testi­ tim recovery at several points af­ fied that it is "very common" for a ter the assault using standardized victim to ask an assailant not to te11 assessment measures and have anyone about the assault. 'i\friters employed carefully matched con­ have concluded that "this particular trol groups. This research has es­ behavior has not been documented tablished that rape victims in the research 1iterature."13 Their experience more depression, conclusions concerning court testi­ anxiety, fear, and social adjust­ mony are noteworthy: ment and sexual problems than women who have not been vic­ In sum, experts in recent cases timized. Research on PTSD have described a broad range of among rape victims is more re­ symptoms and behaviors as con­ cent but consistently suggests that sistent with RTS, some of which many victims experience PTSD do not appear to be based on re­ symptoms following an assault. search. Testimony that is not re­ Initially high symptom levels gen­ search based often seems to be erally abate by 3 to 4 months post­ prompted by a defendant's claims assauli, although significant levels that a complainant's behavior was of distress continue for many vic­ inconsistent with having been tims.11 raped. If virtually any victim be­ havior is described as consistent In evaluating this research, its with RTS, the term soon wi!l have underlying purpose is criticaL The little meaning.Indeed, some crit­ focus of much of the research was ics have argued that this already to understand the victim's reactions is the case . 14 in order to provide assistance to the 1" 719 P2d 227, 233 (Wyo. 1986). 10 Frazier and Borgida, supra note 8, 13 Frazier and Borgida, supra note 8, at 300. at 304. 11 Id. at 301. 14 Id. at 304-305. 272 FORENSIC SCIENCE Jury Studies Expert testimony, when presented early in the trial, may serve as a Social scientists have also at­ powerful organizing theme or tempted to determine whether